Saachi Khurana | Legistify

Saachi Khurana
Answered on 02 Nov 2019

The suit for infringement of copyright should be filed before the District Court having jurisdiction or before the High Court having original jurisdiction. Consult a Copyright lawyer in India to file your infringement case. ALSO READ: Copyright Infringement Remedies In IndiaRead More

Posted on 20 Oct 2019 | 1 Answer

Arshi Noor | Legistify

Arshi Noor
Answered on 27 Aug 2019

To be eligible for Software Copyright, the software must be original and, the creator must have used his/her skills and knowledge to create a unique software. A programme that can only create multiplication tables or algorithms is not eligible for Software Copyright in India. Any programme that has a technical effect cannot be copyrighted in India. Another eligibility criterion for obtaining Software Copyright in India is that the software must be filed published in India. If the work is first published anywhere outside India, the author must be an Indian citizen. The Copyright Act, 1957 grants Software Copyright and deals with the registration, infringement and rights under Software Copyright. However, if the software has a technical effect, a Patent can be obtained for the same under the Indian Patent Act, 1970. Rights Given To Author By Software Copyright In India Once the Software Copyright is done for a computer or mobile programme, the author/creator gets the following Intellectual Property Rights: Right to reproduce the work in any form and store it in any electronic form. Right to issue copies to the public. Right to display the software in public. Right to translate the work. Right to create any adaptation of the work. Right to sell or give on hire, or offer for sale or hire a copy of the computer program. However, the rights given under Software Copyright in India are limited in case the copy or adaption of the programme is done by an authorised person to utilise the software for the purpose it was created for, or to make backup copies to protect the software from loss or damage. A person who has written an original programme becomes the author of the software and the owner of Software Copyright. When the software is created by a team of individuals, all the creators become the owners of Software Copyright. Process Of Software Copyright Registration In India Software Copyright Registration in India is done with the Copyright Office. An application for Software Copyright must be filed with 3 copies of the published or unpublished work. The Software Copyright application is filed along with the prescribed fees. A diary number is allotted to the applicant, after which, the application is kept open for 1 month to receive any objections against the Software Copyright. After one month, the Software Copyright registration is granted and a notice of Copyright can be placed on the copies of such software. The Notice of Copyright can be displayed in the form of the © symbol, the year of first publication and the name of the owner of such Software Copyright.Read More

Posted on 19 Aug 2019 | 1 Answer

Aayushi Sang | Legistify

Aayushi Sang
Answered on 23 Aug 2019

An author typically enters into a publishing contract in order to assign to the publisher the author's exclusive right to make copies of his or her original work of authorship. When an author is considering this kind of contract, he or she should try to retain as many rights inherent in copyright as possible. Another right author should be concerned with is the editing right. Numerous authors have signed publishing contracts with publishing houses, only to see their works transformed by the publishing house into something they would not have written. The right to control the cover art for a book is a right the author will rarely be able to retain. If you believe that the publisher has violated such agreement, you can file a copyright infringement suit against them with the help of an IPR lawyer in India.Read More

Posted on 12 Aug 2019 | 1 Answer

Dhriti Dewan | Legistify

Dhriti Dewan
Answered on 11 Jul 2019

In India, violation of copyright occurs:- 1.When copyrighted work is sold or hired without authority to do so. 2.When copyrighted work is displayed or performed publicly. 3.When Infringed copies are distributed for trade and personal gains. 4.Public exhibition of infringed copies by way of trade prejudicial to the owner. 5.When Infringed copies are imported into India. READ: Copyright Laws in India For more clarification, you can consult our expert IPR lawyer in India who will help and advice you regarding your issue.Read More

Posted on 09 Jul 2019 | 1 Answer

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 19 Jun 2019

With respect to your query, the legal opinion is as under:- (1) Please note that a trademark can be registered in country or internationally., Kindly check in the register of the trademark in India or USA or Internationally if the questioned trademark is registered or not. (2) The prior user of a trademark is given preference irrespective of later registration. (3) You can also collect evidence with complete information as to who is the prior user. (4) Based on the result of aforesaid advise, you may proceed with the registration.Read More

Posted on 18 Jun 2019 | 1 Answer

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 16 Jun 2019

With respect to your query, the legal opinion is as under: (1) Non Disclosure Agreement is a contract through which parties to contract agree not to disclose information covered by the agreement, typically used to protect any type of confidential and proprietary information or trade secrets. The provision of Contract Act applies to NDA. (2) Trade secrets are protected without registration, that is, trade secrets are protected without any procedural formalities, Consequently, a trade secret can be protected for an unlimited period of time. (3) There are, however, some conditions for the information to be considered a trade secret. these conditions vary from country to country, some general standards exist which are referred to in Art. 39 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement):- (a) The information must be secret (i.e. it is not generally known among, or readily accessible to, circles that normally deal with the kind of information in question). (b) It must have commercial value because it is a secret. (c) It must have been subject to reasonable steps by the rightful holder of the information to keep it secret (e.g., through confidentiality agreements).Read More

Posted on 14 Jun 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 11 Feb 2019

To get copyright registration for an artistic work relating to a public figure, a No Objection Certificate is required. You can hire an IPR lawyer in India to get an NOC from the PMO as the procedure can be a little tricky.  Under the Copyright Act, 1957, the following work can be copyrighted. Imaginative work including a canvas, a figure, a drawing (counting an outline, guide, graph or plan), an etching, a photo, a work of engineering or masterful craftsmanship, emotional work Scholarly work (counting PC programs, tables, arrangements and PC databases) Musical work (counting music and additionally graphical documentation) Sound recording Cinematograph film A Copyright registration application is filed along with copies of the work, after which a diary number is issued to the applicant. The Copyright registration application is kept open for the public to raise any objections for a period of 30 days. If no objection is received against the application, the Copyright Registrar registers the work. If any objections are raised, a reply can be sent to the Registrar. The Registrar can grant the Copyright or reject the application on the basis of reply to Copyright objection.Read More

Posted on 11 Feb 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Any person claiming to be the owner of the work to be copyrighted can apply for copyright registration. The person can be an individual, company, NGO, etc.Read More

Posted on 04 Mar 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Yes, If you want protection in advance you can apply for copyright. Read More

Posted on 10 Mar 2016 | 2 Answers

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

You have 2 options available to you: 1. Remove the content from your website and settle the matter. 2. Send a reply in the form of a legal notice stating the content which is being claimed to be infringing their copyright is of common knowledge and general in nature and that the same does not amount to a copyright infringement. Thereafter, they shall have the option of filing a complaint in the Court as copyright infringement is a criminal offence and if the same is proven then the minimum punishment is 6 months imprisonment or a fine of Rs 50,000/-. You shall have the right to defend yourself and prove that the content does not amount to copyright and therefore, cannot be claimed to be a copyright of the School. You can also show that you are the prior user of this name. Read More

Posted on 10 Mar 2016 | 1 Answer